dismissedMAR282025_03B52032025-03-28 · appeal · Texas Service Center
This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner proposed to establish an education center in New Jersey providing bilingual education using American Sign Language and Brazilian Sign Language, plus educator training, interpretation, and related services for the deaf and hard-of-hearing community.
Field: education / ASL and Libras bilingual education · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualified as advanced degree professional; not disputed on appeal.
Prong 1 — national importancenot established · dispositive
“these employment and revenue projections are not supported by details showing their basis, nor do they demonstrate a significant potential to either employ U.S. workers or to substantially impact the regional or national economy”
“the letters of recommendation do not offer persuasive detail concerning the impact of her proposed endeavor and how it would extend beyond her students”
“they focus on the importance of the field and not the Petitioner's specific endeavor of establishing an education center”
“the Petitioner has not established that her proposed endeavor will create jobs in a manner that will stand to significantly reduce the claimed national shortage”
“shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process”
AAO decision text
How the evidence was treated
- business plan · discounted
“not supported by details showing their basis, nor do they demonstrate a significant potential to either employ U.S. workers”
AAO decision text - recommendation letter · discounted
“do not offer persuasive detail concerning the impact of her proposed endeavor and how it would extend beyond her students”
AAO decision text - media · discounted
“they focus on the importance of the field and not the Petitioner's specific endeavor”
AAO decision text - motion resubmission · discounted
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- Local, not national scope · p1 — impact confined to clients / a region
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
2,589coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Matter of L-A-C-
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers